Supreme Court's immunity ruling will delay Trump's Jan. 6 case until after the election
The Supreme Court's presidential immunity decision will further delay special counsel Jack Smith's Jan. 6 case against former President Donald Trump.
WASHINGTON — The Supreme Court's presidential immunity decision will further delay former President Donald Trump's Washington criminal case related to his efforts to stop the transfer of power in the lead-up to the Jan. 6 attack on the U.S. Capitol, virtually guaranteeing that Trump's trial won't start before Election Day.
Instead, the high court's ruling sets the stage for hearings before U.S. District Judge Tanya Chutkan on what allegations in special counsel Jack Smith's indictment should be considered official acts and, therefore, potentially immune from prosecution. Her ultimate decisions could then be subjected to further appeal, meaning that a Trump trial is unlikely to happen until well into 2025. If Trump wins in November, a trial is unlikely to happen at all.
The conservative majority ruled in a 6-3 opinion that Trump is entitled to absolute immunity for core presidential functions and "at least a presumptive immunity from criminal prosecution" for acts "within the outer perimeter of his official responsibility." He is not entitled to any immunity for unofficial acts, the court said, but the burden is on the government to rebut Trump’s presumption of immunity when there's a close call on those outer perimeters.
The court’s three liberal justices said the conservative majority’s decision “will have disastrous consequences“ for the United States.
The majority decision said that Chutkan must decide whether the indictment could be supported after removing allegations for which Trump can’t be charged, like his dealings with the Justice Department. Additionally, the majority said that lower courts “may not inquire into the President’s motives” when dividing up official and unofficial conduct.
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